Farbro says ‘no go’ to gym fees

Thacker says ‘no’ to Indian road funding

By Joy Hampton

December 22, 2009 — Monday, Assistant District Attorney Barry Farbro issued the “no go” to gym fees for county employees, and District 3 County Commissioner Kirt Thacker said “no” to a Memorandum of Understanding that would have allowed the county to potentially receive additional road funding.

The Rogers County Wellness Program may not be financially supported by county government public funds according to a written opinion issued by Farbro who serves as special counsel to the county commissioners.

County commissioners had understood that money from tobacco funds could be used in support of the county’s newly established wellness program. Statewide, the wellness initiative for all state employees was outlined by Title 74.

County employees, while hired, fired, and disciplined by the county, are technically state employees enrolled in the state benefits program and part of the overall wellness initiative.

Funding for the wellness program is to be obtained through grants and private funds according to Farbro’s reading of the statute. He said the county has no authority to use public tax dollars to pay for gym fees for county employees as part of that program.

County commissioners negotiated with the Claremore Recreation Center for a fee arrangement. If at least 100 employees enrolled, the city agreed to a reduced rate of $15 per employee per month for membership.

Commissioners had wanted to pay half of those fees with tobacco money provided the employee attended the facility at least six times per month.

Commissioner Dan DeLozier said 120 county employees had expressed an interest in a membership to the recreation center. He said the reduced rate will still be available provided at least 100 employees sign up for the year.

Commission Chair Mike Helm instructed County Clerk Peggy Armstrong to sign employees up for a payroll deduction if they want to make use of the plan. The enrollment will require a year-long commitment.

In other county business, Thacker denied a request by the Cherokee Nation for a Memorandum of Understanding as part of the Cherokee Nation’s annual road inventory update with the Bureau of Indian Affairs. The MOU is a requirement for the route to be eligible for Indian Reservation Roads funding.

Council member Cara Cowan Watts said the MOU is “federal paperwork” that allows the road to be considered for funding but would not affect county control of the road.

Indian Reservation Road (IRR) funds were used to assist in the funding of improvements at 193rd Avenue and I-44 near the Hard Rock Casino, said Cowan Watts, but the city and state did not relinquish control of those roads.

“We’re always looking to expand our IRR inventory so we can receive more money for the 14 counties in our jurisdiction,” said Cowan Watts. “If there is a tribally owned business there, the road can potentially qualify for money even if the property is not in trust.”

Cowan Watts said she would be happy to speak with county commissioners if they have questions about the IRR funding program.

“That was routine paperwork,” said Cowan Watts.

The road in question is just under half of a mile and is commonly known as Will Rogers Downs Drive. The road also leads to a housing addition.

Thacker said the road is a designated county road, maintained by the county and under the county’s care and authority. At least one concerned citizen had said he was worried that the MOU would take the road out of the county’s authority.

Cowan Watts said she had not spoken with commissioners regarding the matter.

Thacker did not say who, if anyone, he had questioned about the MOU. Last week, he said he would not turn down money for the road if it did not affect county control.

In other business, commissioners tabled a claim by Dealy & Associates Construction, LLC for $9,125. The itemized statement was presented to the county by Claremore attorney Mack Greever on behalf Dealy & Associates, according to County Clerk Peggy Armstrong. The county has requested an itemized statement for work done on three windows at the Rogers County courthouse. Dealy said Helm had verbally contracted him to replace and or repair and seal 12 windows.

Items included glass for 11 windows $5,600, life rental $1,125, 16 hours labor at $75 per hour $1,200, eight hours of supervison/labor at $150 per hour $1,200.

Farbro said he had not had time to study the claim.

Commissioners tabled it pending feedback from legal counsel.

Larry Dealy was in the meeting but did not address the commissioners. They did not ask him about any details of the claim. Dealy has publicly announced he will run for the District 1 County Commission seat currently under DeLozier’s care.

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